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Section 133: Duty of owner of motor vehicle to give information

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 132 All 217 Sections of Motor Vehicles Act Section 134

Legal Commentary & Landmark Judgments: Section 133

Section 133 of the Motor Vehicles Act, 1988 obligates the registered owner of a motor vehicle involved in an alleged offence to furnish all information regarding the identity, address, and driving licence of the driver or conductor upon demand by authorized police officers.

  • Statutory Precondition of Alleged Offence: Triggered whenever the driver or conductor of a motor vehicle is accused of having committed any offence under the Motor Vehicles Act or associated criminal provisions.
  • Authorized Police Demand: The statutory demand must be made by a police officer authorized in this behalf by the State Government, ordinarily issued in the form of a formal written notice under Section 133.
  • Mandatory Duty of Diligent Disclosure: The owner is under a strict legal obligation to disclose the full name, residential address, and driving licence details of the driver which are in his possession or which could be ascertained by him with reasonable diligence.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297: The Supreme Court noted that Section 133 is an indispensable statutory mechanism for ascertaining driver identity and licence credentials; an owner who willfully refuses to furnish driver details or conceals licence particulars risks adverse inferences in both criminal and MACT proceedings.
  • P.P. Mohammed v. K. Rajappan (2008) 17 SCC 224: The Supreme Court recognized that the owner's response to a Section 133 notice constitutes substantive evidentiary material in determining vicarious liability and the identity of the driver operating the vehicle at the time of the collision.
Courtroom Practice & Strategic Litigation Guidance:

In motor accident claim investigations where the offending vehicle was noted by registration number but the driver fled, file an immediate application in the MACT to summon the owner's Section 133 police reply. If the owner evaded replying or gave false driver particulars to the police, apply for an adverse inference establishing vicarious tort liability under Section 114(g) of the Evidence Act / BSA.

Section 132 All 217 Sections of Motor Vehicles Act Section 134